Rahul Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39346 of 2020 Arising Out of PS. Case No.-352 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== Rahul Pandey Son of Kamlesh Pandey Resident of Village- Sundarpur, Barja, P.S.- Bihiya, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the State :

Mr. Ram Bilash Roy Raman APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Koilwar PS Case No. 352 of 2020, instituted for the offence under Section 25(1-b)a/26/35 of the Arms Act.

Petitioner has been chased and it is alleged that a live cartridge has been recovered from his possession. It is submitted that having no criminal antecedents he is in custody since 25.08.2020. He denies and disputes the recovery altogether and submits that he has become a victim of the circumstances.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, let the petitioner,

Patna High Court CR. MISC. No.39346 of 2020(2) dt.10-02-2021 2/2 above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Bhojpur at Ara, in connection with Koilwar PS Case No. 352 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U